What is Positive Behaviour Support (PBS)?
Positive Behaviour Support (PBS) is a person-centred, evidence-based approach that aims to improve the quality of life for individuals who display behaviours of concern.
It focuses on understanding the reasons behind these behaviours and developing proactive strategies that promote positive change. PBS involves tailoring support to each person’s unique needs, modifying environments to prevent behaviours, and identifying the purpose behind actions to meet needs more appropriately.
It also encourages skill development, collaboration with families and professionals, and the use of positive reinforcement to support desired behaviours. At its core, PBS is about enhancing wellbeing, independence, and inclusion—not just reducing behaviours of concern.
When Is a PBSP Required?
A Positive Behaviour Support Plan (PBSP) is required when a participant displays behaviours of concern that may affect their own safety or the safety of others. It is also necessary when a provider uses or intends to use regulated restrictive practices. In such cases, the PBSP must be lodged with the NDIS Commission to ensure appropriate oversight and compliance.
Even when restrictive practices are not used, the NDIS Commission expects providers to develop a PBSP to enhance the participant’s quality of life and reduce behaviours of concern. Registered providers must engage an NDIS behaviour support practitioner to develop the plan, whether it is an interim or comprehensive PBSP.
Timeframes for PBSP Development
It is required under the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules that an interim Positive Behaviour Support Plan (PBSP) be developed within one month of the first use of a regulated restrictive practice, and a comprehensive PBSP within six months. Providers must take all reasonable steps to ensure the plan is developed within these timeframes, including engaging a behaviour support practitioner and supporting the assessment and documentation process as needed.
Once a practitioner is engaged, they are responsible for developing the plan within the required timeframe and must notify the NDIS Commission if any barriers prevent meeting these deadlines.
To ensure these requirements are met, contact us to engage one of our experienced behaviour support practitioners.
What is a Behaviour Support Practitioner?
A Behaviour Support Practitioner is a professional who works with individuals experiencing behaviours of concern, particularly those with disability, to improve their quality of life and reduce the need for restrictive practices. They use evidence-based approaches such as Positive Behaviour Support (PBS) to understand the reasons behind behaviours and develop tailored strategies that promote skill development, independence, and wellbeing.
In Australia, Behaviour Support Practitioners must be registered with the NDIS Commission when delivering behaviour support services to NDIS-funded participants. This registration ensures practitioners meet specific competency and ethical standards under the NDIS Quality and Safeguards Framework, helping protect the rights of participants receiving behaviour support.
Practitioners may be classified into different levels based on their experience and qualifications:
– Core Practitioner – Works under close supervision.
– Proficient Practitioner – Manages more complex cases and may supervise others.
– Advanced Practitioner – Supervises teams, and supports individuals complex needs.
What is a Restrictive Practice?
A Restrictive Practice is any intervention or action that limits a person’s rights, freedom of movement, or access to objects or activities. These practices are typically used to prevent harm and must always be the least restrictive option available, used only when necessary and as part of a behaviour support plan.
Under the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules, the NDIS Commission has identified and regulated specific types of restrictive practices. These are known as regulated restrictive practices, and their use must be authorised and reported in accordance with NDIS requirements.
The five regulated restrictive practices are:
– Seclusion
– Chemical restraint
– Mechanical restraint
– Physical restraint
– Environmental restraint
Empirico are experienced in helping providers navigate these requirements.
Not sure if a strategy you’re using is considered a regulated restrictive practice?
Contact us today for a no-obligation chat.
Do Restrictive Practices Require Authorisation?
Yes — all regulated restrictive practices must be authorised when used with NDIS-funded participants. This is a legal requirement under the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules.
State-Based Authorisation Processes
Each state and territory in Australia has its own process for authorising restrictive practices. Empirico is based in Queensland and has an in-depth understanding of the Queensland restrictive practice authorisation process.
In Queensland there are multiple authorisation pathways, depending on the type of restrictive practice and the context in which it is used.
For example, restricting access to an object in a family home may only require authorisation from an informal decision-maker, such as a parent or guardian. In contrast, more intrusive practices like seclusion and containment require formal approval from QCAT (Queensland Civil and Administrative Tribunal).
Empirico can guide providers through the appropriate authorisation pathway to ensure full compliance with Queensland’s requirements and uphold the rights of the people we support. Contact us today for a no obligations chat.
What Happens If a Regulated Restrictive Practice Is Used Without Authorisation
Using a regulated restrictive practice without authorisation can be a serious matter, but it’s important to understand the context. While the term “unauthorised” may sound like the practice is illegal, it is not necessarily an offence to implement a regulated restrictive practice in an emergency situation. In fact, providers have a duty of care to ensure the safety of the person and those around them.
Emergency use of a restrictive practice may be necessary to prevent imminent harm. However, even in these cases, the use must be reported to the NDIS Commission as required under the NDIS Behaviour Support and Restrictive Practices rules. Failing to report the use correctly is where many NDIS-funded services find themselves in breach of their obligations.
Empirico can support providers in understanding their responsibilities and ensuring they meet the reporting and authorisation requirements. Contact us today for support.
What is Chemical Restraint?
Chemical restraint involves the use of medication to influence a person’s behaviour, rather than for treating a diagnosed medical condition. It is a regulated restrictive practice and must be clearly documented, authorised, and monitored.
For example, giving a person a sedative to reduce agitation during support hours, without a medical diagnosis, may be considered chemical restraint.
The best person to clarify whether a medication is prescribed to control behaviour is the prescriber. Empirico can assist you in approaching the prescriber to seek this clarification and ensure the correct reporting and authorisation pathway is followed, contact us if you need assistance.
What is Environmental Restraint?
Environmental restraint limits a person’s access to certain areas or items. This can include locked doors, cupboards, or barriers that prevent movement or access.
For example, locking a fridge or cupboard to prevent access to food or objects may be considered environmental restraint.
If you’re unsure whether a restriction in the environment qualifies as environmental restraint, contact us for clarification.
What is Physical Restraint?
Physical restraint involves using physical force to restrict a person’s movement. This may include holding or blocking a person to prevent them from moving freely.
For example, a support worker holding a person’s arms to stop them from hitting others could be considered physical restraint.
If you’re unsure whether an action is considered physical restraint, contact us for clarification.
What is Seclusion?
Seclusion is when a person is placed alone in a room or area and prevented from leaving. It is used to manage behaviours of concern but must only be applied when absolutely necessary and authorised.
For example, locking a person in a room during a behavioural episode and not allowing them to exit would be considered seclusion.
If you’re unsure whether a situation involves seclusion, contact us for clarification.
What is Mechanical Restraint?
Mechanical restraint refers to the use of devices to restrict a person’s movement. This can include belts, straps, or other equipment that limits mobility.
For example, using a harness in a wheelchair that prevents a person from standing up independently may be considered mechanical restraint.
If you’re unsure whether a device or strategy is considered mechanical restraint, contact us for clarification.
What’s the Difference Between the NDIA and the NDIS Commission?
The NDIA (National Disability Insurance Agency) and the NDIS Commission (National Disability Insurance Scheme Quality and Safeguards Commission) are two separate organisations that support the NDIS, but they have very different roles.
The NDIA is responsible for managing NDIS funding and participant plans. It works directly with participants to develop and approve their individual support packages, including budgets and goals.
The NDIS Commission, on the other hand, oversees the quality and safety of NDIS services. It regulates providers, monitors compliance, and ensures that participants are protected from harm. The NDIS Commission does not manage funding or plans, it focuses on safeguarding rights and improving service standards.
What Does the NDIS Commission Do?
The NDIS Commission plays a key role in protecting the rights of people with disability who receive NDIS-funded supports. It registers NDIS providers and ensures they meet national standards for quality and safety. Providers must comply with the NDIS Code of Conduct and Practice Standards, and the Commission monitors this compliance through audits, investigations, and reporting requirements.
The Commission also regulates the use of restrictive practices. If a provider uses a regulated restrictive practice, they must report it to the Commission and ensure it is authorised according to state or territory requirements. The Commission works to reduce and eliminate the use of restrictive practices over time.
In addition, the Commission oversees reportable incidents. Providers are required to notify the Commission of serious incidents involving NDIS participants, including abuse, neglect, serious injury, death, or the unauthorised use of restrictive practices. The Commission investigates these incidents and may take action to ensure participant safety.
If you are unhappy with the quality or safety of services provided by an NDIS provider, you can raise a complaint directly with the NDIS Commission. They have the authority to investigate concerns and take action to protect participants.
Empirico are experienced in helping providers understand their obligations under the NDIS Commission’s rules. Contact us today for a no-obligation chat.
What Can I Do If I’m Not Happy with a Provider?
If you’re not happy with the quality or safety of services provided by an NDIS provider, you have the right to speak up. Raising a concern can lead to positive change, many providers will take steps to address your feedback and improve their service.
If you’ve raised your concern and are not satisfied with the response, or if the matter is serious or you don’t feel comfortable speaking to the provider directly, you can make a complaint to the NDIS Commission. The Commission has the authority to investigate complaints and take action to protect participants.
You can also seek support from an independent advocacy organisation. Advocates can help you understand your rights and speak up on your behalf. To find an advocate near you, visit the Disability Advocacy Finder through the Advocacy Gateway.
If you’re not completely satisfied with Empirico or have something to share, whether it’s feedback, a concern, a compliment or a suggestion, we genuinely want to hear from you. Speaking up is the first step toward change, and we’re committed to supporting you through the process. You’re welcome to reach out anytime for a friendly, no-obligation chat. Your voice helps us grow and improve.